Crawford avalanche. (Grayling, Mich.) 1879-19??, 1887-03-17

Decisions of the Federal Supreme Court
on Several Matters of Great
Interest.
The Rights OF Drummers, Chinese,
and Life Insurance Bene-
flciaries.

The Supreme Court of the United States
has rendered decision setting aside the
State law or Tennessee which imposed q
special tax on travelling statesmen. The de-
cision rests upon the doctrine that the stat
ute in question was an interference with
interstate commerce, and hence clearly un-
constitutional. Travelling statesmen are
agents and instrumentalities in commercial
transactions between the States, and q
special tax laid ON them because of their
occupation is held 10 be q restriction on
commerce. Following is an abstract of the
Sabine Robbins, Plaintitf IN error, against the
taxing district OF Shelby County, Tennessee; in
error TO the Supreme Court of Tennessee. This
case arises out Of the following state Of facts /;
Robbins was engaged in Memphis in soliciting
orders for stationery for stationery hrm and
in exhibiting samples for the purpose OF effect
ing sales A State law, applicable only to this
one taxing district, was in force, BubjectiDg
-drummers" and all persons not having a regu-
lar Licensed house of business in the district
offering or selling goods by sample, to tax of
SlO week on S25 II month. Robbins, who was
unlicensed, was arrested, tried, convicted, and
fined, and ON appeal the judgment was
affirmed. The case had been brought to this
court on writ OF error upon the ground that the
law imposing the tax is repugnant TO that clause
Cf the Constitution OF the United States which
delares that Congress shall have the power to
regulate commerce among the several States
The principal question involved is as to the
consttutionality OF the act which imposed the
tax, and IL Is, in the opinion OF this court a
question OF great Importance TO the people of the
United States, both as respects their business
interests and their constitutional rights In a
long and carefully prepared opinion by Justice
Bradley, this court holds that the Constitution
gives to Congress the power to regulate COM
merce among the States and that power is nee
essarily exclusive whenever the subjects OF it
are nat onal in their character or admit only Of
one uniform system or plan of regulation.
Where the power of Congress is exclusive its
failure TO act indicates its will that tho subject
shall be left free from any restrictions inn
positions. and any regulation by the States, ex-
cept in matters of local concern only, is re-
pugnant to such freedom
The only way in which commerce between
the states can be legitimately affected by State
laws is when, by virtue Of its police power and
its jurisdiction over persons and property with
in its limits u State provides for the security Of
life, limb, health, comfort, and property, or
when il does those things which may incidental
ly affect commerce. But in making such In
ternal regulations q State cannot impose taxes
upon person passing through or coming in
merely for a temporary purpose nor upon prop
erty imported and not yet become part OF the
common mass and no discrimination can be
made by any such regulation adversely to the
persons or property of other States, and no reg
ulation can be made directly affecting interstate
commerce. In the matter of interstate COM
merce the United States are, in the opinion OF
this court, but one country, and are and must
be, sub. .ect to one system OF regulations and not
to u multitude Of regulations. 1t seems to be
forgotten that the people OF this country are cit
liens OF the United States well as OF the indi-
vidual States, ana that they have some rights
under the Constitution and laws Of tho former
independent OF the latter, and from any in
reference or restraint from them. To DENY
the State the power to lay the tax or
require tho license in question, will not, the
count believes, in any perceptible degree
into State, in consequence OF a sale by a
drummer. will bo liable to taxation, and as
much will be realized as il the tax were irp-
posed before the sale. To tax the sale OF goods
under such circumstances before the SALE is in
the opinion Of the court, clearly tax on inter-
state commerce itself. II the employment Of
drummers injuriously affects local trade Con-
gross may be appealed to to mako such regula-
tions as the case may demand and Congress
alone can do this. The confusion into which the
commerce of the country would be thrown by
being subjected to State legislation ON this sub
ject would be. the court says but repetition
Of the disorder which prevailed under the old
al ticles Of confederation.
The judgment of tho Supreme Court Of Tennes-
see Is reversed, and the plaintiff in error is
ordered to be discharged Opinion by Justice
Bradley, the Chief Justice and Justices Field
and Gray dissenting on the ground that the law
in question is applicable to drummers coming
into the Shelby County district from other parts
OF Tennessee, as we'll as to those from other
States, and TO relieve the latter from taxation
imposed on the former would be discrimina-
tion against tho citizens Of the State.
OTHER SUPREME COURT DECISIONS.
The decision Of the United States District
Court OF California in refusing writ Of habeas
corpus to Thomas Baldwin was reversed, and
the case was remanded for further hearing.
The case involves the rights of the Chinese
under Federal laws Baldwin was one OF a
party Of citizens who drove number of resi-.
dent Chinese out OF the mining town of Nicolaus,
Cal, in February, 1886 Baldwin was arrested
and charged with conspiracy to deprive these
Chinese OF the equal protection OF the laws and
OF equal privileges and mmunities under the
laws. Baldwin applied to the Circuit Court for
n discharge upon a writ Of habeas corpus, but
it was refused, and he appealed to this court
upon the ground that the Charge made against
him was not sufficient TO justify his detention
The opinion, which was long and elaborate
document was read by Chief Justice Waite
Justices Field and Waite diasented from a por.
tion OF the opinion. Justice Field Is OF the
opinion that forcible deprivation Of rights Sc
cured by treaty TO tho subjects or citizens Of
any nation is prevention by force Of the exc
cution OF n law Of the United States. II this is
not so, then there is law Of tho United States
which can be evoked for the protection of the
subjects OF China Notwithstanding the Ian
guage OF the treaty with that COUNTRY and the
same rule must apply with reference to the
rights Of the subjects or citizens Of any other
nation resident in the United States. Their
only protection is to be found In the laws Of the
different States.
In the case Of the Accident Insurance Com
pany OF North America, plaintiff in error,
against loretta M. Crandall, Appealed from the
United States Circuit Court Of illinois, this
court ahirms the judgment Of the lower court.
The suit presented the question as TO whether
~ pOilOy VI hBhlnsL
effected through external, accidental and VIC.
lent means, and occasoning death or complete
disability to do business, and providing that
-this insurance shall not extend to death or dis
ability which may have been caused wholly or
in part by bodily innrmities or Diseases, or by
the taking OF poison or by suicide self-inicted
injufies," covers q death by hanging ones self
while insane. The court held that Crandall did
not die by suicide or self-inhicted injuries be-
cause be was an insane person, and the killing
was not his act-not the act Of himself The
words bodily inhrmities or disease" do not in |
Crandall against bodily injuries effected |
rough external, accidental and violent |
.eans, the court holds that this sentence does
iot speak OF what the injury ~is caused by, but
ooks only TO the means by which IL is effect |
ed. No one doubts that hanging is a violent |
means OF death. AS 1t affects the body from !
without It Ia external, and, according to the de-
cisions as to suicide under policies OF life in |
surance, IL cannot, when done by an insane per- |
son, be held TO be other than accidental
PERHAPS the summary of 0ood breed- |